Conspiracy Criminal Conspiracy in Florida

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A person who expressly or impliedly agrees or conspires with a person or persons to commit any criminal offense commits the offense of criminal conspiracy. Both an agreement and an intention to commit the offense are necessary elements.

Conspiracy is a separate and distinct crime from the offense which is the object of the conspiracy. It is not necessary for the State to show that the defendant did any act in furtherance of the conspiracy. The agreement and mere intent alone is sufficient to establish criminal liability.

Proving Criminal Conspiracyat Trial

The State of Florida must establish the following two elements beyond a reasonable doubt in order to achieve a conviction for criminal conspiracy at trial:

The intent of the defendant was that the offense (i.e. drug trafficking or any other crime) would be committed; and

In order to carry the intent, the defendant agreed, conspired, combined, or confederated with another person to cause the offense to be committed by either of them, or by one of them, or by some other person.

Penalties for Conspiracy

Criminal conspiracy is ranked one level below the offense that is the object of the conspiracy.

Defenses to Criminal Conspiracy in Florida

Criminal conspiracy is a highly defensible charge because of questions as to an agreement, intent at the time of the agreement, withdrawal, and intent implied by participation. Do not plead to a charge of criminal conspiracy without first discussing your case with a knowledgeable criminal defense attorney.

Common defenses to a criminal conspiracy charge in Florida include absence of proof of agreement, absence of intent to commit the crime, withdrawal, proof is of mere presence of defendant, proof is of mere participation, proof is of mere aiding and abetting, a conspirator is a law enforcement officer, and crime specific criminal conspiracy defenses.

Early Negotiation is Critical in aPossession of Weapon Defense in Florida

Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.

Call us even before you are charged if possible. We may be able to avoid charges being filed.

We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.